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(영문) 의정부지방법원고양지원 2019.07.18 2018가단18026
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 16, 2014, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 1.5 million with the Gyeyang-gu Seoul Metropolitan Government Building C (hereinafter “instant commercial building”) owned by the Defendant, and thereafter, operates the main point of “G” by leasing Nonparty E, next to the instant building.

B. In around 2011, the sectional owners, including the Defendant, established the C Building Management Rules (hereinafter “instant management rules”) and the C Building Management Body Regulations, thereby constituting the C Building Management Body (hereinafter “instant management body”). The instant management body up to March 31, 2015, took charge of the management of the instant commercial building by the management body.

C. The main contents of the instant management rules are as follows.

Article 2 (Definitions of Terms)

1. The term "sectional owner" means a person who has acquired the ownership of a commercial building in lots;

3. The term "entry braille" means a tenant and a person who makes a profit from the occupancy of a commercial building;

7. The term "managing body" means an occupant autonomous management body which has been authorized by the head of an autonomous Gu when conducting autonomous management, or a commercial building management business operator in case of entrusted management;

Article 7 (Liability for Damages, etc.) The management entity or sectional owner shall damage the profit of the party building, common facilities, and tenant, and shall compensate or compensate for damages pursuant to Article 34 (2) of the Regulations, if any damage occurs due to the failure to perform or delay in the matters prescribed by the Regulations.

Article 11 (Duties and Responsibilities of Managing Body)

1. The managing body shall be responsible for the management of a commercial building as a good manager in accordance with the relevant regulations, the matters determined by the operating committee, and the regulations;

3. The representative of the management entity and the entrusted management entity shall, if they inflict damages on sectional owners, occupants, or third parties due to negligence in connection with their duties, do so as determined by the management entity.

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